What Should Constitutions Do

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A Practical Guide To Constitution Building
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Author : Winluck Wahiu
language : en
Publisher:
Release Date : 2011
A Practical Guide To Constitution Building written by Winluck Wahiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constitutional law categories.
"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Making A 21st Century Constitution
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Author : Frank Vibert
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
Making A 21st Century Constitution written by Frank Vibert and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with Political Science categories.
Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.
Constitutional Idolatry And Democracy
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Author : Brian Christopher Jones
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Constitutional Idolatry And Democracy written by Brian Christopher Jones and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
What Should Constitutions Do
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Author : Ellen Frankel Paul
language : en
Publisher: Cambridge University Press
Release Date : 2011-01-31
What Should Constitutions Do written by Ellen Frankel Paul and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-31 with Philosophy categories.
The essays in this volume - written by prominent philosophers, political scientists and legal scholars - address the basic purposes of constitutions and their status as fundamental law. Some deal with specific constitutional provisions: they ask, for example, which branches of government should have the authority to conduct foreign policy, or how the judiciary should be organized, or what role a preamble should play in a nation's founding document. Other essays explore questions of constitutional design: they consider the advantages of a federal system of government, or the challenges of designing a constitution for a pluralistic society - or they ask what form of constitution best promotes personal liberty and economic prosperity.
Constitutions In Times Of Financial Crisis
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-30
Constitutions In Times Of Financial Crisis written by Tom Ginsburg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
Making Constitutions
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Author : Gabriel L. Negretto
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-17
Making Constitutions written by Gabriel L. Negretto and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Political Science categories.
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Constitutionalizing World Politics
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Author : Karolina M. Milewicz
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-23
Constitutionalizing World Politics written by Karolina M. Milewicz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-23 with Political Science categories.
The elusive ideal of a world constitution is unlikely to be realized any time soon – yet important steps in that direction are happening in world politics. Milewicz argues that international constitutionalization has gathered steam as an unintended by-product of international treaty making in the post-war period. This process is driven by the logic of democratic power, whereby states that are both democratic and powerful – democratic powers – are the strongest promoters of rule-based cooperation. Not realizing the inadvertent and long-term effects of the specialized rules they design, states fall into a constitutionalization trap that is hard to escape as it conforms with their interests and values. Milewicz's analysis will appeal to students and scholars of International Relations and International Law, interested in international cooperation, as well as institutional and constitutional theory and practice.
Social And Political Foundations Of Constitutions
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Author : Denis James Galligan
language : en
Publisher: Cambridge University Press
Release Date : 2013
Social And Political Foundations Of Constitutions written by Denis James Galligan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
"This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--
Ministerial Code
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Author :
language : en
Publisher:
Release Date : 2022
Ministerial Code written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Keeping Faith With The Constitution
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Author : Goodwin Liu
language : en
Publisher: Oxford University Press
Release Date : 2010-08-05
Keeping Faith With The Constitution written by Goodwin Liu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-05 with Law categories.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.